What is the liability of an animal owner for damage caused while the animal is trespassing?

The liability of an animal owner for damage caused while the animal is trespassing is based on principles of strict liability. In this context, owners are held strictly liable for any reasonably foreseeable damage caused by their animals, regardless of whether the animal is classified as dangerous or domestic. This means that if an animal owner permits their animal to trespass—effectively allowing it to roam freely and potentially cause harm—the owner is responsible for any harm or damage that results, as long as that damage was foreseeable.

This concept operates under the premise that owning an animal comes with certain responsibilities, and when an owner fails to contain their animal, the risks associated with that negligence fall upon them. The principle aims to encourage animal owners to control their animals effectively and prevent them from causing harm to others.

While there may be discussions surrounding the classification of animals, like domestic versus wild, for the sake of liability in trespass cases, the strict liability rule applies broadly and does not discriminate based on the type of animal. In jurisdictions that adhere strictly to these principles, the owner bears the responsibility for the actions of their animal, creating a strong incentive for owners to ensure that their animals do not cause damage while trespassing.